LGBT Parents

LGBT Parents

Updated: June 2019
New Legislation – Some Of Which Has Now Commenced!

Legislative update:15 May 2019 Civil Registration Bill 2019 passed by Both Houses of the Oireachtas. This Bill, once enacted, allows both members of same-sex female relationship to register as parents and allows for other necessary changes to Civil Registration to allow both parents apply for Guardianship Rights. It must be noted, that this legislation will only apply to parents who have been assisted by registered services in becoming pregnant. This section of the act should commence before 5th October 2019.

The Bill, once enacted, will also remove the necessity for a woman to contact an estranged husband when establishing paternity of her child with her new partner, the biological parent of her child.

Please note:   Sections of The Children and Family Relationships Act 2015 have now been commenced, as of 18th January 2016.  It is now possible for LGBTI parents who are not biologically related to children in their care (and others who act in loco parentis) to apply for guardianship.  See ‘Legal Rights in Respect of Children’ below.  The sections of the Act which regulate parentage in cases of donor-assisted human reproduction have not yet been commenced.

We will endeavour to update our followers, clients and service users on legislative changes as they arise. (Follow us on Facebook!)

The Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010  made it possible for LGBTI couples to enter into a Civil Partnership, giving them many of the same rights enjoyed by married heterosexual people.  However, this legislation generally does not deal with children.  As of the 16th November 2015, same sex couples have the right to marry without distinction as to their sex.  Regulations have been signed which makes it easier for couples in Civil Partnerships to marry.  Couples in a Civil Partnership in Ireland can remain as they are but it is no longer possible to enter a Civil Partnership in Ireland.

Legal Rights in Respect of Children

  • Guardianship
  • Access
  • Custody
  • Child Maintenance

Family Types

  • Child from a previous opposite sex relationship
  • Adoptive Parents
  • Foster Parents
  • Parents as a result of Assisted Human Reproduction (AHR)
  • Surrogacy
  • Transgender people and parenting

Other Relevant Issues

  • Birth Registration
  • Social Welfare
  • Maternity Benefit/Leave
  • Adoptive Benefit/Leave
  • Paternity Benefit/Leave
  • Parental Leave
  • Tax/Succession
  • Shared Parenting

NOTE

Treoir 2019

While every effort has been made to ensure that the information in this leaflet is accurate, no responsibility can be accepted by Treoir for any error or omission.